Terms of Use

Acceptance of These Terms of Use.  By accessing this website and its applications (collectively, the “Site”), the user (herein “you”) agrees to be bound by all such terms, conditions, and notices of these Terms of Use without limitation or qualification.  Please read these Terms of Use carefully before you start to use the Site.  By using the Site, you represent and warrant to us that you are of legal age to form a binding contract with the Company. If you are incapable of forming a binding contract, you must not access or use the Site.  We reserve the right to deny access to the Site to anyone at any time.

Changes.  We reserve the right to modify these Terms of Use, as well as the products or programs contained on the Site without notice or liability.  All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter.  Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check the Site each time you access it so you are aware of any changes, as they are binding on you.

Content Ownership and Accuracy.  All content on the Site, including account information, is owned or controlled by the Company and protected by copyright laws in the United States and internationally. The information presented on the Site has been compiled by us from internal and external sources; however, no representation is made or warranty given as to the completeness or accuracy of such information. You should be aware that information provided may be incomplete, may contain errors, or may have become out of date. You should therefore verify information obtained from the Site before you act upon it. The Company shall not be liable for any damages or injury resulting from your access to, or inability to access the Site, or from your reliance on any information provided in the Site.  The Site may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.  THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  In no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the Site or with the delay or inability to use the Site, or for any information, software, products, and services obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, strict liability or otherwise, even if the Company and/or any of its suppliers has been advised of the possibility of damages. Because some States/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Infringement.  If you believe your work has been copied and posted on or through the Site in a way that constitutes infringement of your rights, please send us a notification of claimed infringement with the following information: (i) identification of the work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (ii) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site; (iii) your contact information - address, telephone number, and, if available, email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (v) a statement by you that the information in your notification is accurate and that you are the owner or authorized to act on the owner's behalf; and (vi) your signature.  We will respond to your notification in due course after we investigate your claims.

User Information.  To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all of the information you provide on the Site is correct, current and complete.  You agree that all information you provide to register with the Site or otherwise, including but not limited to, through the use of any interactive features on the Site, is governed by the Company’s Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Ownership of Site and Marks.  The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. The Company’s name, logo, marks and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.

Usage Limits.  The Site is for your personal, noncommercial use only.  You agree not to modify, copy, alter, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site without our prior written permission.  You agree not to use any automatic device, manual process, or scraping to monitor or copy the Site or the content contained therein for any purpose without our prior written permission. You agree not to use any device, software or routine to interfere with or attempt to interfere with the proper working of the Site or any activities conducted on the Site.  You agree not to use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the content contained therein or for any other unauthorized purpose without the Company’s prior written permission.  We reserve the right to investigate any illegal and/or unauthorized use of the Site, including, but not limited to, unauthorized framing of the Site or unauthorized use of any robot, spider or other automated device, and to take appropriate legal action, including, without limitation, civil, criminal and injunctive redress.

Indemnity. You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, and any use of the Site's content, services and products other than as expressly authorized in these Terms of Use.

Governing Law and Venue.  This Agreement will be governed by the laws of the State of Hawaii without reference to its conflicts of law provisions which would result in the application of the laws of any other jurisdiction. You agree that any action or proceeding relating to or arising out of this Agreement will be brought in federal or state courts located in the State of Hawaii, City & County of Honolulu, and no other. You irrevocably consent to the jurisdiction of such courts and waive any jurisdictional or venue defenses available to you.

Waiver and Severability.  No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Geographic Restrictions. The Company is based in the State of Hawaii within the United States of America. We make no warranty that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may be restricted in certain jurisdictions. If you access the Site from outside the United States, you do so on your own initiative and will be responsible for compliance with local laws.